II 

114TH CONGRESS 

1ST SESSION S. 1065 

To amend title IV of the Elementary and Secondary Education Act of 1965 

to provide grants for the development of asthma management plans 

and the purchase of asthma inhalers and spacers for emergency use, 

as necessary. 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2015 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend title IV of the Elementary and Secondary Education Act of 1965 to provide grants for the development 

of asthma management plans and the purchase of asthma inhalers and spacers for emergency use, as necessary. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘School Asthma Man5 agement Plan Act’’. 


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1 SEC. 2. SCHOOL ASTHMA MANAGEMENT PLANS. 

2 (a) AMENDMENT.—Title IV of the Elementary and 

3 Secondary Education Act of 1965 (20 U.S.C. 7101 et 

4 seq.) is amended by adding at the end the following: 

5 ‘‘PART D—SCHOOL ASTHMA MANAGEMENT 

6 PLANS 

7 ‘‘SEC. 4401. SCHOOL ASTHMA MANAGEMENT PLANS. 

8 ‘‘(a) GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—The Secretary is authorized 

10 to award grants to local educational agencies to en11 able public elementary schools and secondary schools 

12 served by the local educational agencies to— 

13 ‘‘(A) develop and implement a school asth14 ma management plan; and 

15 ‘‘(B) if the school chooses, purchase drugs 

16 and devices for emergency use that are ap17 proved or cleared by the Food and Drug Ad18 ministration, including bronchodilators, spacers, 

19 and inhalers, and other supplies determined 

20 necessary by the Secretary, for students served 

21 by the school, as needed, as well as devices that 

22 measure pulmonary function or asthma edu23 cation tools, or both. 

24 ‘‘(2) ALTERNATIVE GRANTEES.—The Secretary 

25 may award a grant under this section to a local 

26 health or education department to carry out the acVerDate Sep 11 2014 07:06 May 05, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1065.IS S1065

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1 tivities described in this section if the Secretary de2 termines that in such local area such department is 

3 the entity that would routinely carry out such activi4 ties. 

5 ‘‘(b) APPLICATION.—A local educational agency or 

6 department that desires to receive a grant under this sec7 tion shall submit an application at such time, in such man8 ner, and accompanied by such information as the Sec9 retary may require. 

10 ‘‘(c) PRIORITY.—In awarding grants under this sec11 tion, the Secretary shall give a priority to— 

12 ‘‘(1) any local educational agency that will use 

13 grant funds to assist a public elementary school or 

14 secondary school that has a high burden of asthma, 

15 as determined by the Secretary; and 

16 ‘‘(2) if the Secretary elects to award grants de17 scribed in subsection (a)(2), any department that 

18 proposes to carry out the grant activities at a school 

19 described in paragraph (1). 

20 ‘‘(d) USE OF GRANT FUNDS.—A local educational 

21 agency or department that receives a grant under this sec22 tion shall develop and implement a comprehensive school 

23 asthma management plan based on national guidelines at 

24 each school to be served under the grant, and may pur25 chase drugs and devices for emergency use that are apVerDate Sep 11 2014 07:06 May 05, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1065.IS S1065

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1 proved or cleared by the Food and Drug Administration, 

2 including bronchodilators, spacers, and inhalers, and other 

3 supplies determined necessary by the Secretary, for stu4 dents served by the school or department, as needed, as 

5 well as devices that measure pulmonary function or asth6 ma education tools, or both. Such management plan shall 

7 include the following: 

8 ‘‘(1) A method to identify all students with a 

9 diagnosis of asthma. 

10 ‘‘(2) An asthma action plan for each student 

11 with a diagnosis of asthma. 

12 ‘‘(3) Asthma education for all school staff, such 

13 as education regarding asthma basics, asthma man14 agement, trigger management, and comprehensive 

15 emergency responses to asthma attacks. 

16 ‘‘(4) Access to medication and to methods to 

17 administer medication, for all students served by the 

18 school or department who have asthma, based on the 

19 student’s prescription and individual needs. 

20 ‘‘(5) Asthma medication and emergency policies 

21 that are specific to the school. 

22 ‘‘(6) Protocols and training to support clinical 

23 management of acute symptoms of asthma and on24 going management of asthma. 


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1 ‘‘(7) A system to support ongoing coordination 

2 of asthma care with the family, the primary care 

3 provider, and others as necessary. 

4 ‘‘(8) A method to monitor the quality and out5 comes of the care provided to each student served by 

6 the school or department who has asthma, including 

7 how often treatment is needed and what treatment 

8 students get. 

9 ‘‘(9) Successful completion of the Environ10 mental Protection Agency’s Indoor Air Quality Tools 

11 for Schools Indoor Air Quality Profile. 

12 ‘‘(e) GRANT RECIPIENT ACTIONS.—A school or de13 partment that receives a grant under this section shall— 

14 ‘‘(1) utilize existing systems, when possible, in15 cluding the use of forms developed in accordance 

16 with section 504 of the Rehabilitation Act of 1973 

17 (20 U.S.C. 794); 

18 ‘‘(2) find innovative ways— 

19 ‘‘(A) to encourage bidirectional commu20 nication between schools and students’ physi21 cians in a rapid manner; and 

22 ‘‘(B) to encourage adherence to asthma 

23 treatment by students; 


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1 ‘‘(3) ensure that a nurse or another individual 

2 who is trained to administer emergency asthma care 

3 is on staff; 

4 ‘‘(4) ensure that all student asthma action 

5 plans include asthma triggers, both allergens and ir6 ritants, for the student; and 

7 ‘‘(5) ensure that each school served under the 

8 grant report asthma emergency events involving stu9 dents to the State health department by school iden10 tifier. 

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 such sums as may be necessary for fiscal year 2016 and 

14 each of the 4 succeeding fiscal years.’’. 

15 (b) TABLE OF CONTENTS.—The table of contents in 

16 section 2 of such Act is amended by inserting after the 

17 item relating to section 4304 the following: 

‘‘PART D—SCHOOL ASTHMA MANAGEMENT PLANS

‘‘Sec. 4401. School asthma management plans.’’. 

Æ 


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